Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Sebel]

Congratulations mubashi 1981 and @snooky our helper,we thank you so much for the time you are taking to help us out here courage to tou bro.

I got bad news,my application has been refused saying I currently have a 2.5years leave to remain and I have been giving 28days of administrative review. Please @snooky and @mubashi1981 how can I go about it . Should I open a case? Or how can I go about please need help as this stuff is really stressing me up. Thanks

Hi, sad to hear about your refusal. That's HO at it mean and doing everything possible for only few 1000s to receive Zambrano Pre settled status or Settled status

Read this. It came out on 30 January 2020 and HO is not challenging. They are about to tweak their Guidance for both Zambrano EEA n Zambrano EU Settlement Scheme.

After reading comeback or proceed to AR n Login EEA Zambrano (DRF1)


On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) has a derivative right of residence notwithstanding that he or she has not yet made an application under the Immigration Rules and pursuant to Article 8 ECHR. The upshot is that the novel concept set out in Home Office policy that a Zambrano carer must first make an unsuccessful fee-paid human rights application before an application under the 2016 Regulations can be submitted is unlawful.

Judge Neville also held that the EU Treaties do not demand an applicant be entitled to a permanent right of residence after living continuously in the UK for a period of five years as Zambrano carers. It was held that a Zambrano right of residence is impermanent by its very nature, and that once the compulsion to follow the third country national (‘TCN’) falls away, there is no basis upon which the British citizen is deprived of his rights under the EU Treaties by the TCN’s removal.

This second issue is the subject of an on-going appeal to the Upper Tribunal. The Secretary of State elected not to appeal the finding on the first issue. The indication from senior sources is that the policy will now be subject to amendment giving effect to the FtT’s ruling.

Thanks so much our master @snooky its appears you gave a link to read but I can't find anything. I have read what you wrote,£65 is not a problem to spend than to go spend that lumpy sums. Please do you mean I should start with the EEA or administrative review? Please can we take it in chronological order please. Thanks.

[Sebel]

@ Snooky do you suggest someone with a 2.5 years LTR to put in an application as a Zamrano Carer? would that affect the existing leave in anyway? Just look at viable options.

Get the forms and either bang in or wait for that leave to expire to bang in. Bear in mind from 1 January 2021, HO is not going to accept any EEA applications under EEA regulations again. But those who have applied before will still have be protected under the EEA regulations.

Those who who have formed family life with EEA national will then have until 2025 to use it

Zambrano is the most generous of all the eu stay so home office try to make it hard to get close

Please @snooky how can we get the form? Thanks

[snooky]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

[snooky]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

[CR001]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

You should post in public, official UKVI links only, so that all can benefit. Your PM function could also be removed permanently.

[Sebel]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

I found the form, are we to fill online or the form need to be printed out and post?

[Lagosbos]

@snooky thanks for your prompt response. In your thoughts what is the probability of a successful DRF 1 application where the other carer is a British Citizen. Will the issue of compulsion come into question here? I have been following from the previous thread and i remembered you mentioning the fact the Judge stressed the fact neither parents already have a leave to remain and i think the same case applicable to Mubashir. Just weighing my options as a father of a BC with existing spouse leave to remain of 2.5 and also previously held 2.5 granted on Article 8.

[snooky]

@snooky thanks for your prompt response. In your thoughts what is the probability of a successful DRF 1 application where the other carer is a British Citizen. Will the issue of compulsion come into question here? I have been following from the previous thread and i remembered you mentioning the fact the Judge stressed the fact neither parents already have a leave to remain and i think the same case applicable to Mubashir. Just weighing my options as a father of a BC with existing spouse leave to remain of 2.5 and also previously held 2.5 granted on Article 8.

Probability of succeeding drf1 application according to the HO now is Zero, because since the old Patel vs SSHD Appeal Court ruling, HO turned to refuse all Zambrano application with their out of date unscrupulous guidance.

The very good thing is that, all Zambrano refused since June 2019 has been Over Turn by the Judges because HO refusals were not in accordance of the EEA regulations but with their guidance which precludes people who meet the requirements.

Home Office is refusing all Zambranos but the courts are allowing all Zambrano. HO refusal is motivated by greed(money) and ill-thought. Another reason HO refusing is that, Zambrano for minors is generous and also can lead to INDEFINITE Leave to REMAIN(SS).

HO just want only few 1000s to have settled status through Zambrano so the put impediments to make the journey treacherous.

So when you do Zambrano EEA application, be ready to go to court.

Remember you have 6 months to apply for Zambrano EEA.

[snooky]

@Lagosbos

Probability of succeeding drf1 application according to the HO now is Zero, because since the old Patel vs SSHD Appeal Court ruling, HO turned to refuse all Zambrano application with their out of date unscrupulous guidance.

The very good thing is that, all Zambrano refused since June 2019 has been Over Turn by the Judges because HO refusals were not in accordance of the EEA regulations but with their guidance which precludes people who meet the requirements.

How many months for your leave to expire


Home Office is refusing all Zambranos but the courts are allowing all Zambrano. HO refusal is motivated by greed(money) and ill-thought. Another reason HO refusing is that, Zambrano for minors is generous and also can lead to INDEFINITE Leave to REMAIN(SettledStatus).

HO just want only few 1000s to have settled status through Zambrano so the put impediments to make the journey treacherous.

So when you do Zambrano EEA application, be ready to go to court.

Remember you have 6 months to apply for Zambrano EEA.

Remember the 16 December 2019 Patel vs SSHD SSHD supreme court ruling said clearly that compulsion, compelling and insurmountable effects creating by HO is unlawful and whether there's an exempt person in the family or not, the SSHD should always assess cases on care and responsibility of the person looking after the child. Meaning if your part is British, ilr, ltr, eea, RoB holder, you can still get Zambrano Zambrano the regulations 16 doesn't stop anyone from applying to Zambrano while living with an exempt person

In the regulation 16, the original act never add Leave to Remain holders as exempt people. Home office inserted that and is totally illegal

[snooky]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

I found the form, are we to fill online or the form need to be printed out and post?

Zambrano forms must be done manually. Print it and fill the sections that applies to you

[Lagosbos]

thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

[Sebel]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

I found the form, are we to fill online or the form need to be printed out and post?

Zambrano forms must be done manually. Print it and fill the sections that applies to you

@snooky thanks so much. My ltr is due to expire in feb 2021. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

[snooky]

Cant send you PM. You haven't got that privilege

I found the form, are we to fill online or the form need to be printed out and post?

Zambrano forms must be done manually. Print it and fill the sections that applies to you

@snooky thanks so much. My ltr is due to expire in feb 2021. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

Unquote
. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

The conception that LTR after the 3rd one lead to ILR isnt correct. I have seen so many post everywhere even some Solicitors making the same vague assumption.

Appendix FM states clearly that if you go through the 10 year route, you will be issued with 30 months leave for 4 consecutive times.

This is 2.5 years x 4 = 10 years.

The only way one can beat the 10 year route is to be eligible under the requirements for the 5 years route.

Eligibility is

The financial required
Life in UK
B1(knoll)

This is what others translate as 5 yrs and my last is ILR.

With 10 yrs, you need to kill all the 10 years. So in a null shell ILR is gotten afterwards.

So your next one which is the third isnt the last one. After the 3rd, you have the 4th then that you can apply for ilr

[snooky]

thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

HO might have addressed their reasons for your refusal that you have leave under spouse ltr. The question is within the eea regulations 16, is it a law?.

The refusal is been described in courts documents as HO interpretation not EEA regulations. Laws are act or statute of parliament. It supersedes executive interpretation.

Home Office Office refusals on Zambrano are not within the EEA regulations or EU Article. This renders it non compliance and false.

Everyone is taken HO to court especially on Zambrano. You got weak Solicitors who refuse to understand that anything contrary to the eu Article itself and the regulations is null and void.

According to the regulations, the only way someone can be refused zambrano under EEA eu law is

1. Being an exempt person(BC, Right of Abode, ILR, EEA national)
2. Irresponsible parents(parents who haven't been part of the child)

Apart from these, no other factors were mentioned in the Article not even a criminal record, depotation and removal) under domestic law.

The only way deportation and removal can disqualifies you Zambrano is when it was done under eu EEA law.

Home office finds it hard to deport or remove anyone under eu EEA laws so they abuse people with their domestic laws

[snooky]

@all

Zambrano Criminal Records Threshold

Under Regulations 16(12)

A person will not have Zambrano or derivative right if regulations 23(6)(b), 24(1), 25(1), 26(3) and 31(1).

Meaning a person has Zambrano or DR right unde 16(5) untill reg 16(12) is engaged.

This is not domestic law criminal records threshold, but eu regulations

Anything apart from the regulations is a breach and the courts will allow your appeal. Most people with criminal records are ask to peruse EEA applications because it's could be easily challenged and won at the courts on the basis that HO refusal was not in accordance of eu law

[snooky]

@all

Reg 16(7) exempt persons as in Regulation 16

(I) who has right to reside under this regulation
(ii) who had right of abode under Sec 2 of 1971 Act
(iii) who has indefinite leave to remain/enter in UK.

Anything contrary is not in accordance with eu laws.

Home Office inserted the 7A in the guidance which is not in the main regulation 16

[snooky]

@all

Reg 16(5) criteria for Zambrano

(i) the Person is a Primary Carers
(ii) BC resides in the UK
(ii) BC will be unable to reside in the UK and in any member state if the PC leaves uk Indefinite period.

Anything contrary is contempt and not in accordance of EEA regulations.

So being not properly settled could trigger your INDEFINITE period of absence from the uk.

[Sebel]

I found the form, are we to fill online or the form need to be printed out and post?

Zambrano forms must be done manually. Print it and fill the sections that applies to you

@snooky thanks so much. My ltr is due to expire in feb 2021. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

Unquote
. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

The conception that LTR after the 3rd one lead to ILR isnt correct. I have seen so many post everywhere even some Solicitors making the same vague assumption.

Appendix FM states clearly that if you go through the 10 year route, you will be issued with 30 months leave for 4 consecutive times.

This is 2.5 years x 4 = 10 years.

The only way one can beat the 10 year route is to be eligible under the requirements for the 5 years route.

Eligibility is

The financial required
Life in UK
B1(knoll)

This is what others translate as 5 yrs and my last is ILR.

With 10 yrs, you need to kill all the 10 years. So in a null shell ILR is gotten afterwards.

So your next one which is the third isnt the last one. After the 3rd, you have the 4th then that you can apply for ilr

@snooky,this is what many didnknow. . I started as 10years routes fm, later on after my 2.5years, I was eligilble with the financial requirements ,which i was given 5years route fm after my extension and it was written that, i am left with the last 2.5years . So the 2.5years will be my last extension to ilr after that extension. Thanks

[snooky]

Zambrano forms must be done manually. Print it and fill the sections that applies to you

@snooky thanks so much. My ltr is due to expire in feb 2021. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

Unquote
. I have already had 2 extensions so the next one will be the 3rd which is the last extension for the 2 5years.

The conception that LTR after the 3rd one lead to ILR isnt correct. I have seen so many post everywhere even some Solicitors making the same vague assumption.

Appendix FM states clearly that if you go through the 10 year route, you will be issued with 30 months leave for 4 consecutive times.

This is 2.5 years x 4 = 10 years.

The only way one can beat the 10 year route is to be eligible under the requirements for the 5 years route.

Eligibility is

The financial required
Life in UK
B1(knoll)

This is what others translate as 5 yrs and my last is ILR.

With 10 yrs, you need to kill all the 10 years. So in a null shell ILR is gotten afterwards.

So your next one which is the third isnt the last one. After the 3rd, you have the 4th then that you can apply for ilr

@snooky,this is what many didnknow. . I started as 10years routes fm, later on after my 2.5years, I was eligilble with the financial requirements ,which i was given 5years route fm after my extension and it was written that, i am left with the last 2.5years . So the 2.5years will be my last extension to ilr after that extension. Thanks

Then congratulations. Am happy that you are almost there for ILR.

Also tnx for letting us know that your 10 yrs route has been tweaked to 5 yrs.

With this new information, I will boldly say YES.

[snooky]

@all

Patel vs SSHD 2017

The courts on this ruling never made mention of all what HO claim in their guidance. Patel was not interpretation the Regulations. What Patel did was to interpret Zambrano principles. The courts are not there to restructure Regulations because they are to work within the regulations

That's why Patel vs SSHD 2019 threw the court of appeals judgement out because they erred. The new Patel is what Home Office should be using. Is more of eu HR application then anything. More generous.

Anything contrary to the Right to Reside Regulations on Zambrano is not in accordance of eu law

People should always make application to Rely on the Regulations not the Zambrano Principles.

[snooky]

@Sebel

The good thing is that these two applications dont overlap according to home Office guidance. Even if they do within the home Office guidance, it not against the eu regulations to have applied for both.

I will send u a pm to listen to QCs and Barristers of the Acts

Cant send you PM. You haven't got that privilege

You should post in public, official UKVI links only, so that all can benefit. Your PM function could also be removed permanently.

Thank you very much cr001

[snooky]

thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

You are right Lagosbos, with the settlement scheme as I always say, it is simply a domestic policy being rework around the Withdrawal Agreement. The who Appendix EU was made by UK executives so they do whatever they want.

The eu is aware how untruthful and deceitful the HO could be for not living to their promises.

As a matter of EU Article 20 and Regulation 16 of EEA regulations, anyone who has been refused by the HO not within the regulation is in valid

[Sebel]

thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

You are right Lagosbos, with the settlement scheme as I always say, it is simply a domestic policy being rework around the Withdrawal Agreement. The who Appendix EU was made by UK executives so they do whatever they want.

The eu is aware how untruthful and deceitful the HO could be for not living to their promises.

As a matter of EU Article 20 and Regulation 16 of EEA regulations, anyone who has been refused by the HO not within the regulation is in valid

Hello snooky ,@all,
Please am about filling the drf1 form ,but I got some issues. My sons passport has expired , and his birth certificates is still with the HO with my documents which they have still not sent them. Please what should I do to sent to them.

Also inthe form, I have been ask for a representative, do I need a solicitor?

Lastly, when filling the form, they asked for a HO reference number, which reference number should I give?
Many thanks

[snooky]

thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

You are right Lagosbos, with the settlement scheme as I always say, it is simply a domestic policy being rework around the Withdrawal Agreement. The who Appendix EU was made by UK executives so they do whatever they want.

The eu is aware how untruthful and deceitful the HO could be for not living to their promises.

As a matter of EU Article 20 and Regulation 16 of EEA regulations, anyone who has been refused by the HO not within the regulation is in valid

Hello snooky ,@all,
Please am about filling the drf1 form ,but I got some issues. My sons passport has expired , and his birth certificates is still with the HO with my documents which they have still not sent them. Please what should I do to sent to them.

Also inthe form, I have been ask for a representative, do I need a solicitor?

Lastly, when filling the form, they asked for a HO reference number, which reference number should I give?
Many thanks

Your HO Ref No always starts with the first Letter of your Surname. Normal it should be on the right side of any letter you have received from the HO. Not the one from settlement scheme

Send the ecpired passport with photo copy of the birth certificate and in one of the boxes, you will be asked why the original cant be provided. Just tell them it's in another part of the HO

[Lagosbos]

Thanks @snooky, i will bang in my DRF1 application as discussed and keep the forum updated all the way.
@Sebel can i check with on what route you currently hold your LTR. Is it the Spouse or Parent route?